International Faculty, Staff, Researchers

Key Takeaways from the November 5, 2019 DOL OFLC Stakeholder Meeting

Top Takeaways from the Department of Labor Stakeholder Meeting on November 5, 2019 OFLC is aware of the various issues that employers, and especially institutions of higher education, have encountered in using the new FLAG system when filing LCAs, including the incorrect wage data for several SOC

Pre-Registration Requirement for Cap-Subject H-1B Petitioners

On January 31, 2019, DHS published a final rule governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 H-1B cap (regular cap) or the 20,000 beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from

OSTP Letter to Academic Institutions on Plans for Campus Meetings on Research Security and Other Topics

In a September 16, 2019 letter to academic institutions, the White House Office of Science and Technology Policy (OSTP) said, "During the next few months, OSTP will be holding meetings at academic institutions across the Nation to converse with researchers and students on matters of research

Key Takeaways from the May 16, 2019 DOL OFLC Stakeholder Meeting

Top Takeaways from the Department of Labor Stakeholder Meeting on May 16, 2019 A new system for filing with DOL is here: the Foreign Labor Application Gateway ( FLAG). Starting Monday, June 10, applications for Prevailing Wage Determinations will only be accepted through FLAG Due to the transition

STEM OPT WashTech Litigation

October 2, 2023

The Washington Alliance of Technology Workers (WashTech) filed suit against both the standard 12-month OPT rule and the 24-month STEM OPT rule, in the U.S. District Court for the District of Columbia, raising many of the same substantive issues WashTech had brought up in the suit they filed against

DHS Rule on Work Authorization for Certain H-4 Dependents

DHS rule effective May 26, 2015 allows certain H-4 dependent spouses of H-1B nonimmigrants to apply to USCIS for work authorzation. A lawsuit is challenging the rule, USCIS is working on a proposed rule that would rescind the H-4 employment rule.

H-1B Cap Resource Page

Stay up to date on H-1B cap issues.

Matter of Simeio Solutions and Amended H-1B Petitions To Support Change in Place of Employment

AAO decision clarifies that if an employee is placed in a place of employment not within the area of intended employment listed on the LCA supporting his or her H-1B petition, then the employer must file a new LCA for the new place of employment, and file an amended H-1B petition with USCIS

NAFSA Engagement Summaries

NAFSA Engagement Summaries NAFSA member volunteers regularly attend or tune in to agency stakeholder meetings and public engagements. Below you'll find summaries and resources stemming out of those engagements. NAFSA IssueNet Quarterly Trend Reports USCIS Engagement Summaries DOL-OFLC Engagement

Matter of Dhanasar Revises National Interest Labor Certification Waiver Standard, Vacates NYSDOT

Precedent Matter of Dhanasar decision adopts a new three-prong national interest labor certification waiver standard, and vacates the prior Matter of NYSDOT standard.